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584 lord Campbell's act. 

no other reason, there is nothing to indicate under which 
statute such action shall be brought, which right of action, 
which liability is to have the preference. It should be said that 
the phraseology of the first section of the English act can not 
be used with any propriety where the general law provides for 
the survival of causes of action for injury to the person, as it 
assumes that such causes of action do not survive ; and, if so 
used, the circumstance of its origin should be taken into ac- 
count, in the attempt to construe the statute, in competition 
with the survival act. The language in such case must be 
recognized as merely containing an erroneous assumption, with 
reference to the law of the State where it is adopted, and should 
not be deemed to have been used with the intent either of cut- 
ting down the survival act, or of restricting the natural mean- 
ing and operation of the statute itself. 

Charles R. Darling. 



LORD CAMPBELL'S ACT. 

CHAPTER XCIII. 

(Stat. 9 and 10 Victoria — 26th August, 1846; as amended by Stat. 38 and 39 
Victoria, ch. 66 — nth August, 1875). 

WHEREAS, No action at law is now maintainable against a person, who, by his 
wrongful act, neglect or default, may have caused the death of another person, and 
it is oftentimes right and expedient that the wrongdoer, in such case, should be 
answerable in damages for the injury so caused by him ; 

I. Be it therefore enacted, by the Queen's most excellent Majesty, by and with 
the advice and consent of the lords spiritual and temporal, and commons, in this 
present Parliament assembled, and by the authority of the same, that whensoever 
the death of a person shall be caused by wrongful act, neglect, or default, and the 
act, neglect or default is such as would (if death had not ensued), have entitled 
the party injured to maintain an action, and recover damages in respect thereof, 
then, and in every such case, the person who would have been liable, if death had 
not ensued, shall be liable to an action for damages, notwithstanding the death of 
the person injured, and although the death shall have been caused under such cir- 
cumstances, as amount in law to felony. 

II. And be it enacted, that every such action shall be for the benefit of the wife, 
husband, parent, and child of the person whose death shall have been so caused, 
and shall be brought by, and in the name of, the executor, or administrator, of the 
person deceased ; and in every such action, the jury may give such damages as 
they may think proportioned to the injury, resulting from such death, to the parties 
respectively for whom, and for whose benefit, such action shall be brought, and 



MATTER OF DAVID NEAGLE. 585 

the amount so recovered, after deducting the costs not recovered from the de- 
fendant, shall be divided amongst the beforementioned parties, in such shares as 
the jury, by the verdict, shall find and direct. 

III. Provided always, and be it enacted, that not more than one action shall be 
for, and in res|>ect of, the same subject matter of complaint ; and that every such 
action shall be commenced within twelve calendar months after the death of such 
deceased person. 

IV. And be il enacted, that in every such action, the plaintiff on the record 
shall be required, together with the declaration, to deliver to the defendant, or his 
attorney, a full particular of the person, or persons, for whom, and on whose be- 
half, such action shall be brought, and of the nature of the claim, in respect of 
which damages shall be sought to be recovered. 

V. And be it enacted, that the following words and expressions are intended to 
have the meanings hereby assigned to them respectively, so far as such meanings 
are not excluded by the context, or by the nature of the subject matter ; that is to 
say, words denoting the singular number are 10 be understood to apply also to a 
plurality of persons, or things, and words denoting the masculine gender are to be 
understood to apply also to persons of the feminine gender; and the word "per- 
son " shall apply to l>odies politic and corporate ; and the word " parent '' shall 
include father and mother, and grandfather and grandmother, and stepfather and 
stepmother ; and the word " child " shall include son and daughter, and grand- 
son and granddaughter, and stepson and stepdaughter. 

VI. And be it enacted, that this Act shall come into operation, from and imme- 
diately after the passing thereof, and that [repealed, Stat. Law Rev. Act, 1S75] 
* * * * nothing herein Contained shall apply to that part of the United King- 
dom, called Scotland. 

VII. [Repealed, Stat. Law Rev. Act, 1875]. 



U. S. Circuit Court, N. Dist. California. 
MATTER OF DAVID NEAGLE. 

Upon a writ of habeas corpus, the United Slates Courts have jurisdiction to dis- 
charge the petitioner, when found to be in custody for an act done, or omitted, in 
pursuance of a law of the United States, no matter from whom, or under what au- 
thority, the process may have issued under which he is held. 

The circumstances of a homicide, committed by an officer of the United States, 
will be inquired into by the United States Courts, to determine whether the act was 
committed in the line of his duty, or was malicious, wanton, or reckless, and with- 
out any reasonable apparent necessity. The Court does not make the inquiry at 
all, to decide whether a Slate statute has been violated, or whether the homicide 
has been committed upon land within the exclusive jurisdiction of the United 
States. 

In matters of the public peace, in which the Government of the United Slates 
is concerned, the Marshals and Deputy Marshals, within the scope of their au- 
thority, are National peace officers, with all the statutory and common law powers 
appertaining to peace officers.